Leasing & Letting Flashcards
What is the main RICS regulation for leasing property?
RICS Professional Standard: Code for Leasing Business Premises 2020
Why was the RICS professional standard Code for leasing business premises introduced?
To improve quality/fairness of negotiations and promote new comprehensive HoTs
What are some of the mandatory requirements of the RICS professional standard Code for leasing business premises?
- Negotiations must be constructive & collaborative
- Unrepresented parties should be recommended being represented
- Must have terms within HoTs starting its subject to contract
What are the leasing HoTs requirements?
o Identity/ extent of the premises
o any special rights (e.g. parking)
o term length, LTA 1954, Renewal/breaks
o guarantor / deposit
o Rent & frequency, exc business rates?
o VAT on the rent?
o Incentives?
o RR (freq & basis)
o Service charges liability
o Rights to assign etc
o repairing obligations
o Permitted use
o Rights to alterations/ reinstatement
o Initial alterations/fit out
o Conditions of lettings e.g. subject to surveys/ PP
What are the important parts of HoTs
- Subject to contract/ conditions
- Alienations/alterations
What are some requirements regarding deposits?
- Legally documented in rent deposit deed
- Money held separate
- Interest given to tenant
- Agreed terms of release in deed
What should be recommended if there is an unpresented party?
Recommend representation
What are some potential leasing issues?
Lease length/term certain, Break clauses, Alienation, Repairing obligations, User clauses, RR pattern & basis of Valuation, 1954 Act (s.24-28)
What are some break clause characteristics?
- Mutual or single sided?
- Notice period?
- Break penalty?
- Pre-conditions? (e.g. full payment of rent)
What is the main advantage of pre-lettings?
Bespoke building designed to needs
What is the main disadvantage of pre-lettings?
Lengthy & complex process, level of risk of developer not performing
What documents must be attached to the Agreement to Lease (for a pre-letting)?
- The Lease - in a pre-agreed form, executed at Practical Completion of the work
- Licence for Alterations
- Specification and plans of the proposed scheme
- Developer’s guarantee/bond (if needed)
- Warranties - collateral warranties from contractors with any design input
- Most developers are unwilling or unable to give guarantees for latent defects, and may put decennial insurance in place to cover this risk
What elements influence rental value?
Specification, location age, repair, use class, size
What effects marketability of the property?
Location, age, specification, terms it’s available on
What are the different interests that can be marketed for a property?
New letting, assignment or sublease
What is the difference between an assignment and a sublease?
Assignment - The new tenant takes over the entire lease, including the existing tenant’s rights and responsibilities. The original tenant is no longer involved in the lease.
Sublease - The original tenant retains some rights and responsibilities, while the new tenant, or subtenant, takes over part of the lease. The original tenant is still responsible for the property and rent, even if the subtenant doesn’t pay or causes problems
What different techniques have you used to market a property?
Brochure (in house or professional), photography, drone, mailing lists, online databases (EGi, Rightmove), boards, agent launch, social media / Linkedin.
What are the prime rents for industrial in Trafford Park?
Small Box - £17-£18 (Bridgewater Point)
Mid Box - £13-£14 (Ark42)
Big Box - £10.75 (Trafford 150)
What are the prime rents for industrial in Warrington?
Small Box - £13 (Gemini 8)
Mid Box - £11.50 (Evo89)
What are the prime rents for industrial in Speke/Aintree?
Small Box - £10
Difference between Trafford Park, Warrington and Aintree/ Speke for industrial locations?
TP - close proximity to Manchester CC, mostly at capacity so less new builds
Warrington - benefits from being on M6
Speke - Close proximity to John Lennon Airport
Aintree - on the M57/M58 and close to Liverpool CC
What should you do for a occupier requirement?
Agree a fee with the client and signed terms of engagement. Understand the client needs and then issue searches for suitable properties to present to the client for consideration.
What is your fee for agency work?
15% of headline rent for joint agency work. 10% is sole agent.
Acquisition: 10% of headline rent.
Abortive fee if you have done searches and viewings but occupier doesn’t sign a lease.
What are some potential requirements of a tenant?
Close to amenities, parking, good internet speed, certain amount of office space, yard space
What negotiations take place for agency work?
Negotiate on lease term, rent per sq. ft, rental deposit, rental incentive, break clause, rent review mechanism.
What rent free period would you expect on an industrial lease?
1 month per year certain